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LIBERATION NEWS SERVICE v. EASTLAND

No. 776, Docket 34688.

426 F.2d 1379 (1970)

LIBERATION NEWS SERVICE, Sheila Ryan, Allen Young, Students for a Democratic Society, Anita Simpson and Richard Marantz, Plaintiffs-Appellants, v. James O. EASTLAND, John J. McClellan, Sam Ervin, Birch Bayh, Thomas J. Dodd, Robert C. Byrd, Strom Thurmond, Marlow W. Cook, Robert P. Griffin, Hugh Scott, J. G. Sourwine, as Chairman, members and staff counsel of the Subcommittee on Internal Security of the Committee of the Judiciary of the United States Senate, Defendants-Appellees, and Chemical Bank New York Trust Company, Defendant.

United States Court of Appeals, Second Circuit.

Decided May 7, 1970.

Attorney(s) appearing for the Case

Edward Carl Broege, Jr., New York City (Lefcourt, Garfinkle, Crain, Cohn, Sandler & Lefcourt and Nancy Stearns, New York City, of counsel), for plaintiffs-appellants Liberation News Service, Sheila Ryan and Allen Young, and (Lubell, Lubell, Fine & Schaap, New York City, and Frederick H. Cohn and William H. Schaap, New York City of counsel), for plaintiffs-appellants Students for a Democratic Society, Anita Simpson and Richard Marantz.

Peter Alan Herbert, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for Southern District of New York, and Michael Hess, Asst. U. S. Atty., of counsel), for defendants-appellees other than Defendant Chemical Bank New York Trust Co.

Before WATERMAN, FRIENDLY and ANDERSON, Circuit Judges.

FRIENDLY, Circuit Judge:

The plaintiffs in this action in the District Court for the Southern District of New York are Liberation News Service [LNS], an association which describes itself as "a wire service to the radical and underground press," the New York Regional Office of Students for a Democratic Society [SDS], "an association of young people of the left," and four officers of the two associations, all residents of New York. Defendants are ten United States...

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